Cost of claim – legal expenses, amount of claim

Before drawing up and filing a statement of claim in court, the plaintiff must take into account its main points. One of these is the cost of the claim.

The price of the claim is the value expression of the disputed property, that is, it is the established monetary value that the defendant, if the claim is considered and a positive decision is made by the court, will have to pay the plaintiff.

Article 131 of the Code of Civil Procedure (Civil Procedure Code) of the Russian Federation states that the price of the claim is a mandatory component of the application if it requires an assessment; The court must also be presented with the calculation necessary to collect the funds. In the absence of these values, according to paragraph 1 of Article 136 of the Code of Civil Procedure of the Russian Federation, the application stops the progress of consideration and is returned to the plaintiff for making adjustments.

The price of the claim is inherently a monetary obligation and, according to paragraph 1 of Article 317, must be expressed in Russian currency - rubles. When calculating it in foreign currency, the claim must indicate an equivalent amount at the official exchange rate of the selected currency at the current moment.

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Based on paragraph 2 of Article 91 of the Code of Civil Procedure of the Russian Federation and paragraph 3 of Article 103 of the Arbitration Procedure Code (APC) of the Russian Federation, the price of the claim must be indicated by the plaintiff himself. If, in the process of accepting the application, the judge reveals a discrepancy between the indicated value and the real value, he independently sets the price of the claim.

At the same time, the plaintiff needs to know that the amount of the state duty subject to mandatory payment directly depends on the specified amount of the requirements. If it is underpaid, the citizen's claim will be frozen.

Components of the claim price

Paragraph 1 of Article 91 of the Code of Civil Procedure of the Russian Federation regulates the determination of the price of the claim. It is installed according to the following parameters:

In proceedings for compensation by the defendant of funds in accordance with the amount of money collected.
According to the application regarding the claim of property, in accordance with the established value of the property.
In a claim seeking payment of alimony in accordance with the total annual alimony payments.
For an application related to urgent payments, depending on the total payments for a period not exceeding three years.
On application for lifetime payments, based on cumulative payments over a three-year period.
In a case involving a reduction or increase in payments in accordance with a variable amount for a period not exceeding one year.
According to a statement related to the closure of payments depending on the remaining payments for a period of no more than one year.
In proceedings related to the premature termination of the lease agreement, depending on the remaining payments under the agreement, but not exceeding a three-year period.
In a claim related to the establishment of rights to a property, depending on the price of the property, but not less than its inventory valuation.
In a case involving several separate claims, in accordance with each claim separately.

Article 103 of the Arbitration Procedure Code of the Russian Federation includes paragraphs 1 and 2 of the civil process for calculating the cost of the claim, as well as:

According to the application regarding the claim of a land plot, in accordance with the value of the land plot.
In a case related to the recognition of the impossibility of implementing a writ of execution, depending on the disputed amount of money.

Fine and penalty as components

In order to understand whether the fine and penalty are included in the price of the claim, a citizen needs to refer to paragraph 1.2 of Article 333.22 of the Tax Code (TC) of the Russian Federation and paragraph 1 of Article 103 of the Arbitration Procedure Code of the Russian Federation.

They stipulate that the total price of the claim includes such components as a penalty, and this includes a fine, penalties and interest.

The amount of the plaintiff’s claims cannot include the following indicators:

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Compensation for moral damage caused.
Collection of compensation for the protection of a citizen’s identity.
Refund of money for paid state duty and other costs associated with the trial.

The first two items are not included due to their non-material nature. As for the amount of the state duty, it directly depends on the amount of claims indicated by the plaintiff and cannot be included in it, like other expenses for the court.

Calculation of the amount of claim

The amount of the claim can be calculated according to the rules of civil and arbitration processes.

In civil cases, one must be guided by Article 91 of the Code of Civil Procedure of the Russian Federation. Thus, when drawing up a statement of claim for several claims, the amount of the claim is added up for each item separately. For example, a request for the collection of funds may contain:

Collection of the principal debt on an obligation.
Reimbursement of accrued interest for the period and penalties.

A citizen should know that the amount of the penalty is determined at the time of filing the application with the court; The period from the moment of filing until the decision is made is not used in the calculation and is not subject to payment.

Interest is accrued until the funds are fully repaid, including the period of legal proceedings.

In cases of the arbitration court, one must be guided by Article 103 of the Arbitration Procedure Code of the Russian Federation.

So, for example, when filing an application for reimbursement of funds owed for payment of a lease agreement, the amount of the claim will include the rent itself and a penalty for late payment.

So, if the rent for a month is 30,000 rubles, the penalty for one month of delay is 1%, then if the rent is not paid for 3 months, the cost of the claim will be 90,900 rubles (90,000 rubles - rent, 900 rubles - penalty for 3 months).

Calculation of claims: what is included in the price of the claim, what it depends on, how it is calculated

Last update: 02/16/2020

The current procedural legislation establishes the conditions for drawing up and filing a statement of claim. Among the mandatory data that the applicant must indicate is the monetary equivalent of his application.

In this case, it is not enough to simply register the total debt, regarding the collection of which the process has begun.

The plaintiff is obliged to submit to the court a calculation of the cost of the claim - a detailed calculation of the material losses incurred.

The concept of the price of a statement of claim

There is no precise definition of this term in Russian regulations. At the same time, according to Art. 131 of the Civil Procedure Code, 125 of the Arbitration Procedure Code, a mandatory element of the claim is information about the amount that the injured party requests to recover in its favor.

The value of the claim can be defined as a cost reflection of the violated legitimate interests of the applicant, for the protection and renewal of which legal proceedings were initiated. The calculation of the stated claims is a separate document or part of the main petition, which provides the formulas and procedure for calculating the amount of the required payment.

Calculation of the cost of the claim can be included in the application or issued as a separate application

What forms the final cost of the application?

The price value of presentation can be calculated if the subject of the dispute is property claims. Non-property requests, such as forced deregistration at the place of residence or reinstatement at work, are not subject to assessment.

Among the positions that are reflected in cash are:

principal debt;
penalties, including penalties, and penalties for violation by a party of obligations under a contract or law;
losses, which include actual damage and lost profits;
payment for the use of other people's funds.

Important. Moral damages and court costs are not included in the price of the petition. Mental suffering and emotional discomfort are not considered material damages, although they are reflected by the party in monetary terms.

State fees and attorney fees are considered as additional costs, which, however, can be reimbursed by the defendant if the case wins.

https://www.youtube.com/watch?v=1gl0J2zgZGA

Legal expenses are reimbursed by the defendant if the court found the claim to be correct.

The importance of assessing claims

The plaintiff is obliged to independently evaluate the claims made by him in the process. This is equally relevant for both civil and arbitration proceedings. Designation of this parameter in the submitted documents:

is regarded as the main issue on which a decision needs to be made. The judge considers the case within the framework specified by the applicant, and going beyond the established boundaries is allowed only in exceptional cases.
is an imperative instruction, ignoring which will lead to the abandonment of the application without progress (Article 136 of the Code of Civil Procedure, 128 of the Arbitration Procedure Code);
serves as the basis for determining the state duty in accordance with the norms of the Tax Code of the Russian Federation;

A person who indicated in the application the amount of losses lower than the real one risks not receiving proper compensation even after a positive judicial act. Identification of the fact of underestimation or overestimation of the volume of planned collection may become grounds for refusal to open proceedings.

Note. The cost of the claim is calculated in the state national currency. The corresponding rule is contained in Art. 317 Civil Code of the Russian Federation. Even if the parties have agreed to pay in foreign currency, claims are made and the debt is paid in rubles.

The cost of the claim is calculated only in rubles

Features of counting in civil proceedings

For civil disputes, the rules for calculating the cost of a petition are established in Art. 91 Civil Code. The specific counting algorithm depends on the nature of the conflict. The price component of the application is determined in the following cases:

about debt collection - as the amount of debt;
on the reclaiming of movable or immovable assets - according to the monetary value of the thing;
on the collection of alimony - as the total amount of payments for the year;
on compensation for failure to provide urgent and open-ended payments or issues - as the amount actually not received, but not more than for 3 years;
on reduction, increase or termination of payments and disbursements - for the unpaid balance or for changed payments, but not more than for a year;
on early termination of property lease - as the balance of funds unpaid before the due date, but not more than 3 years;
on establishing ownership of real estate - according to the inventory or balance sheet valuation, statements from the concluded agreement.

Sample certificate of inventory value of an object

If the appeal lists several independent items, their value is determined based on the value of each petition. When accepting an application, the judge has the right to correct the monetary value of the stated claims indicated by the plaintiff if obvious inaccuracies and omissions are found in the submitted document.

Principles of calculation in arbitration proceedings

The monetary equivalent of the appeal in the arbitration process, as in civil procedural legal relations, is indicated by the plaintiff. The judge has the right to check the information provided or make calculations himself if there are errors in the application.

When determining debt, fines and penalties are also taken into account. If several different claims are submitted, the cost of the claims is calculated as the total amount of all listed items. The final amount of the monetary equivalent of violated rights is established as follows:

debt collection - according to the volume of debt;
recognition of a document as such that it is not subject to execution - for the disputed amount;
reclaiming property, land - in accordance with the valuation of the thing.

Important. If a case is being considered to recognize the right of ownership, use, possession or disposal, the amount of the state duty is determined according to the rules applied for non-property disputes.

Fee rates for non-property disputes

Rules for determining the amount of state duty

The rules for calculating state duty are established in:

Art. 333.19 Tax Code - for cases considered in civil proceedings;
Art. 333.21 Tax Code - for disputes that are resolved through arbitration.

However, in any case, the amount of the mandatory state fee depends on the final cost of the petition submitted by the plaintiff. The calculation can be carried out if the claims are of a property nature. Non-property claims are not subject to monetary valuation.

In civil proceedings, the fee to be transferred to the state budget is paid according to the following mechanism.

Table No. 1.

Cost of claim, rublesState dutyRestrictions

Fixed component, rubles	Percentage component
up to 20000	–	4%	not less than 400
20001-100000	800 +	3% (from charges exceeding 20,000)	–
100001-200000	3200 +	2% (over 100,000)	–
200001-1000000	5200 +	1% (over 200000)	–
More than 1000000	13200 +	0.5% (over 1,000,000)	no more than 60,000

Sample receipt for payment of court fee

If a citizen files a property claim for 40,000 rubles, then the state duty is calculated using the following formula:

GP = percentage component (3% of the stated requirements over 20,000) + fixed component (800 rubles).

Percentage component = (40000 - 20000) * 3% = 600.

Duty = 600 + 800 = 1400.

So, for transferring the appeal to the court for consideration, 1,400 rubles should be transferred to the state budget.

In the arbitration process, calculations are carried out according to a similar principle. Only the specific rates that are reflected in the table differ.

Table No. 2.

Circulation price, rublesState dutyRestrictions

Fixed rate, rubles	Interest rate
up to 100,000	–	4%	not less than 2000
100001-200000	4000 +	3% (from charges exceeding 100,000)	–
200001-1000000	7000 +	2% (over 200000)	–
1000001-2000000	23000 +	1% (over 1,000,000)	–
more than 2000000	33000+	0.5% (over 2000000)	no more than 200,000

An example of an online calculator form for calculating legal costs

Difficulties in calculations

In practice, situations sometimes arise when, when submitting a petition to the court, it is difficult to calculate the entire volume of the stated claims due to objective circumstances. The procedure for resolving existing complications in this case is regulated by paragraphs. 9 clause 1 art. 333.20 Tax Code.

The algorithm of actions if it is impossible to preliminarily determine disputed claims is as follows:

The judge sets the initial fee.
The applicant pays this initial fee.
When the final decision on the case is made, the payment collected from the defendant is fixed and the corresponding court fee is calculated.
The plaintiff pays the difference within the time limits established by law.

Changes in the value of claims

Current legislation allows the plaintiff, after filing an appeal, to clarify the claims made. Requirements can be adjusted upward or downward. In this case, a corresponding petition is submitted to the court.

An increase in the size of the stated claims entails an additional payment of the state fee, and a decrease means that the applicant will be refunded the overpaid funds.

Application form for the return of overpaid funds

The grounds for adjusting the subject of the dispute are often errors in calculations or partial voluntary fulfillment of obligations by the debtor at the stage of judicial review.

Making payments

Russian procedural legislation does not contain direct instructions regarding the form in which the calculation of the amount of a claim submitted to the court should be prepared. The plaintiff has the right to choose one of the following options:

highlight a separate block for calculations in the text of the statement of claim;
submit the calculation in a separate document as an attachment.

To determine the amount of debt, the applicant reflects in the documents a detailed breakdown of the expenses incurred and losses that occurred due to the fault of the defendant. It is allowed to present information in the form of tables and diagrams. In addition, you should definitely note:

the grounds for accrual of debt and the argumentation of the chosen method of calculation (you can use an agreement, the terms of which were violated, refer to the norms of codes and laws);
the period of delay in fulfilling obligations, if the law or contract establishes a period for the implementation of the agreement reached;
procedure for determining penalties, penalties and fines.

Calculating penalties for pre-trial conflict resolution

Note. The defendant has the right to protect his interests and defend his chosen position. To do this, he can prepare his own calculations and submit them to the court for consideration.

Calculation examples

A sample calculation will help you visually familiarize yourself with the mechanism by which the amount of the claim is determined. Let's carry out calculations for a case that is being considered according to the rules of civil procedure.

Description of the situation:

Source: https://urist-bogatyr.ru/article-item/raschet-ceny-iska/

Actions if it is impossible to determine the value of the claim

Filing an application to the court without a specific claim price is inappropriate, since it will not be considered until adjustments are made; in this case, the plaintiff will not be able to pay the state fee or will not pay in full, which will also freeze the consideration of the case.

Therefore, according to paragraph 1.9 of Article 333.20 of the Tax Code of the Russian Federation, if difficulties arise in establishing the price of claims, at the time of filing the application, the court establishes an approximate value in accordance with which the state duty is paid.

After making a decision and establishing the final amount of the claim, the citizen must, within ten days, pay the unpaid amount of the state duty (clause 1.2 of Article 333.18 of the Tax Code of the Russian Federation). Dear readers, the information in this article may be out of date. If you want to find out how to solve your particular problem, call:

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Author of the article Vyacheslav Sadchikov Lawyer. Practice in real estate, labor law, family law, consumer protection.

Are penalties included in the total amount of debt when filing an application with the Magistrates' Court?

Good afternoon! If we are talking about issuing a court order, then magistrates issue Sp in the amount of up to 500 thousand rubles.

Code of Civil Procedure of the Russian Federation. Article 121. Court order 1. Court order is a court decision made by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor according to the requirements provided for in Article 122 of this Code, if the amount of money to be recovered or the value of the movable property the property subject to claim does not exceed five hundred thousand rubles. (Part 1 as amended by Federal Law dated March 2, 2016 N 45-FZ)

2. A court order is at the same time an executive document and is executed in the manner established for the execution of court decisions.

Don't forget about the duty.

“Tax Code of the Russian Federation (Part Two)” dated 08/05/2000 N 117-FZ (as amended on 06/04/2018) 4.1) when filing an application for a court order - 50 percent of the state fee charged when filing a claim of a property nature; https://www.consultant.ru/law/podborki/gosposhlina_sudebnyj_prikaz/© ConsultantPlus, 1997-2018

The penalty is included in the price of the claim. But you are not having a lawsuit.

Determination dated March 21, 2017

Definition Comments Russian Federation In case No. 9-2621/2017 Adopted by the Avtozavodsky District Court of Tolyatti (Samara Region)

Installed:
FULL NAME1 filed a lawsuit against JSC Svyaznoy Logistics for refusal to execute the purchase and sale agreement, for the return of the cost of the goods, collection of penalties, compensation for moral damages, legal expenses, and a fine, in which it asks the court to oblige the defendant to accept the refusal to execute the purchase agreement -sale, to recover from the defendant the cost of low-quality goods in the amount of 29,990 rubles, a penalty in the amount of 3,300 rubles, compensation for moral damages in the amount of 3,000 rubles, expenses for the provision of legal services in the amount of 15,000 rubles, expenses for conducting an examination in the amount of 7,000 rubles ., a fine of 50% of the amount collected.
According to Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of their rights and freedoms.
According to Art. 47 of the Constitution of the Russian Federation, no one can be deprived of the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law.
In accordance with Art. 24 of the Code of Civil Procedure of the Russian Federation, the district court, which considers the case as the first instance, has jurisdiction over cases with the exception of the cases listed in Art. 23 Code of Civil Procedure of the Russian Federation.
According to paragraph 5 of Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate considers as a court of first instance cases on property disputes, with the exception of cases of inheritance of property and cases arising from relations on the creation and use of the results of intellectual activity, with the cost of the claim not exceeding fifty thousand rubles.
It follows from the statement of claim that the price of the claim is indicated by the plaintiff in the amount of 58,290 rubles, which consists of funds paid towards the cost of the goods - 29,990 rubles, penalties - 3,300 rubles, compensation for moral damage - 3,000 rubles, expenses for providing legal services - 15,000 rubles, expenses for conducting an examination - 7,000 rubles.
According to Part 2 of Art. 91 of the Code of Civil Procedure of the Russian Federation, the price of the claim is indicated by the plaintiff. In the event of a clear discrepancy between the indicated price and the actual value of the property, the price of the claim is determined by the judge when accepting the statement of claim.
In accordance with clause 1, part 1, art. 91 of the Code of Civil Procedure of the Russian Federation, the price of the claim for claims for the recovery of funds is determined based on the amount of money recovered.
According to paragraphs. 2 p. 1 art. 333.22 of the Tax Code of the Russian Federation, the price of the claim includes the amounts of penalties (fines, penalties) and interest indicated in the statement of claim.
Thus, based on the analysis of the above norms, the court comes to the conclusion that the price of the claim includes the cost of the product (service, work), the amount of the penalty and damages. The amount of compensation for moral damage, as well as legal costs, including those associated with the provision of legal services, are not included in the price of the claim.
The jurisdiction of the dispute is determined based on the entire recovered amount of money in respect of which the claims are made, and not on the individual parts of which it consists.
Based on the fact that the price of the claim is 33,290 rubles. (29,990 rubles - the cost of the goods, 3,300 rubles - a penalty), the case is under the jurisdiction of a magistrate.
In accordance with clause 2, part 1, art. 135 of the Code of Civil Procedure of the Russian Federation, the judge returns the statement of claim if the case is beyond the jurisdiction of this court.
On the return of the statement of claim, the judge issues a reasoned ruling, in which he indicates which court the applicant should apply to if the case is not within the jurisdiction of this court, or how to eliminate the circumstances that impede the initiation of the case. The court ruling must be issued within five days from the date of receipt of the application to the court and delivered or sent to the applicant along with the application and all documents attached to it (Part 2 of Article 135 of the Code of Civil Procedure of the Russian Federation).
The return of the statement of claim does not prevent the plaintiff from filing a lawsuit again with the same defendant, on the same subject and on the same grounds, if the plaintiff eliminates the violation. (Part 3 of Article 135 of the Code of Civil Procedure of the Russian Federation).
Based on the above, guided by art. 135 Code of Civil Procedure of the Russian Federation,
Defined:
Return the statement of claim, FULL NAME1, to Svyaznoy Logistics JSC for refusal to execute the sales contract, for the return of the cost of the goods, for the collection of penalties, compensation for moral damages, legal expenses, a fine, with all the documents attached to it.
Explain to the applicant the possibility of filing this claim with the magistrate.
A private complaint against the ruling may be filed within 15 days to the Samara Regional Court through the Avtozavodsky District Court.
Judge E.V. Khlystova

Fine under consumer protection law

Fine under consumer protection law

According to the provisions of Article 309 of the Civil Code of the Russian Federation, the obligations of the parties under the contract must be fulfilled properly. Based on this principle, Federal Law No. 2300-1 established penalties for failure to fulfill claims on time.

The legislator establishes that the contractor is obliged to voluntarily and within the period established by him satisfy the buyer’s (customer’s) demand for repayment of losses and penalties.

If such a requirement is not fulfilled by the seller (contractor), then the purchaser has the right to recover from the defendant a fine under the consumer protection law in the amount of 50% of the stated claims.

It is important to take into account that the amount of sanctions is not calculated from the cost of work or the price of the contract, but is tied solely to the price of the claim.

What is included in the claim price

The plaintiff's claims may consist of:

Volume of claims (cost of returned goods, work not performed, services not provided)
Penalty calculated as a percentage of the debt amount, taking into account the period of late payment
Losses caused by failure to fulfill obligations, in particular, may include: costs of delivery, loading and unloading, markup, inflation, etc.
Moral damage caused by failure to fulfill obligations. In particular, failure to provide first aid medical services, resulting in a deterioration of the patient’s condition, can be assessed as causing harm to health and, accordingly, causing moral suffering (moral damage).

Thus, the amount of penalties under the PPA is understood to mean the totality of the plaintiff’s claims under the PPA in the amount of 50%.

How to calculate penalties under PLLA

An approximate calculation of the fine under the law on the protection of consumer rights under a contract for the sale of goods is as follows:

(Cost of goods + penalty 1% + losses + moral damages) *50%

For example, a buyer purchased an automatic washing machine worth 18,000 rubles. A week later, it turned out that the washing machine had a manufacturing defect, however, the store refused to return the equipment to the buyer and the penalty was not voluntarily paid by the organization.

The period of delay in returning the goods at the time of consideration of the claim was 42 calendar days. The buyer's losses amounted to: 1000 rubles. transportation services, 3800 rub. the difference in price for this product now, the cost of an expert technical report is 2000 rubles. (total 6800 rub.

), plus moral damage – 2000 rubles.

Therefore, the fine under the consumer protection law will be:

18000+7560+6800+2000=34360 rubles, that is, the price is almost 2 times higher than the original one.

If the store had immediately fulfilled the buyer’s claims under the RFP and returned 18,000 rubles, it would undoubtedly have gained more both in preserving its reputation and in economic terms.

Are court costs included in the calculable amount of punitive damages?

It must be taken into account that legal costs are not claims under the PPP and therefore cannot be included in the calculated amount. The plaintiff's legal costs are expenses for:

payment of state duty on the claim;
payment for the services of a lawyer or law firm;
related to the forwarding of correspondence, travel to court, temporary hotel accommodation (if the court hearing is taking place in another city);
payment for the services of a notary, translator, or other specialist;
conducting a judicial or other examination of the case.

Therefore, legal costs are collected from the seller in favor of the buyer separately, which further increases the initial cost.

At the same time, it should be taken into account that if the customer does not make a request for payment against the contractor, therefore, the contractor is not responsible for non-payment of penalties and, accordingly, may not pay it.

When the penalty is not paid

If the customer has declared a penalty payment, then the contractor is obliged to satisfy the request voluntarily, except in cases where the Contractor (contractor, seller) can prove that the stated claims are not justified and cannot be satisfied.

For example, the customer demands the return of 30 thousand rubles paid to the Contractor as an advance payment for construction work, while the total contract price is 100 thousand rubles, due to the untimely start of work by the contractor. It also demands payment of a fine in the amount of 1% of the contract amount for 60 days of delay in the amount of 60 thousand rubles.

In addition, the plaintiff asks to recover from the defendant-contractor a fine under the law on the protection of consumer rights in the amount of 50% in accordance with Part 6 of Art. 13 ZPPP.

However, the defendant provides the court with written evidence that he twice contacted the plaintiff to provide construction materials in accordance with the contract, however, the plaintiff avoided fulfilling this obligation.

In such a situation, the court refuses the plaintiff-customer’s request for payment of sanctions, since the defendant is not to blame for the untimely start of work.

A fine under the consumer protection law will not be paid if the contractor or the supplier (seller) of the goods complies with the obligations. Therefore, this law provides the best incentive for sellers to provide only high-quality services and strive for proper dialogue with the customer.

An essential point is the norm of R.2, Part 6, Article 13 of the PPA, which provides for the payment of a fine in favor of public consumer organizations acting in the interests of the acquirer. In this case, the amount of penalties will not go to the applicant, but will be collected from the seller in favor of the human rights organization.

On the one hand, the plaintiff-consumer will not receive compensation, however, he will significantly save the cost of paying a lawyer, since the PPP organization represents the client’s interests in court free of charge.

Source: https://legaladvice.spb.ru/shtraf-po-zakonu-o-zashhite-prav-potrebitelej

Is the state fee included in the price of the claim?